INLEX IP EXPERTISE

Will the rabbit move fast enough ?

In the context of an opposition based on QUICKIES and other deriving QUICK trademarks lodged against the CTM for the Opposition Division recognized a risk of confusion by focussing its analysis exclusively on the earlier trademark QUICKIES. The Board of Appeal and the European Court of First Instance confirmed this position.

Change of case law as to phonetic similarity

The CJEC ruled on March 23,2006, that a mere phonetic similarity between two signs does not necessarily give rise to a likelihood of confusion. The appellant contested the earlier OHIM decisions which retained that the phonetic similarity was not counterbalancing the visual and intellectual differences between:               /                    ZIRH (Earlier trademark)        (contested application) The new …

Change of case law as to phonetic similarity Lire la suite »

10 YEARS OF OHIM PRACTICE…And still differences

After one decade of Community Trademark practice, we have decided to conduct a practical analysis of the main differences between the practice of national Trademark offices of the EU member states, on the one hand, and OHIM habits on the other hand. You will find our interviews with our European associates in each issue of …

10 YEARS OF OHIM PRACTICE…And still differences Lire la suite »

Obelix/ Mobilix

In OBELIX vs./ MOBILIX (October 27,2005), the European Court of First Instance first denied similarity because of the wide formulation « electrotechnical apparatus and instruments, electronics » whereas a specific protection of telecommunication apparatus and instruments could have been easily obtained by the opponent when reciting the list of products. The Court even goes further in absurdness …

Obelix/ Mobilix Lire la suite »

SOFICAR / LE TOURISME MODERNE

<!–[if !mso]> st1:*{behavior:url(#ieooui) } <![endif]–> The French High Court (Cour de Cassation) ruled on December 13, 2005 (SOFICAR vs./ LE TOURISME MODERNE) that it was necessary to compare the products and services offered on the web site with those claimed under the earlier trademark to decide whether the infringement is constituted or not. The High …

SOFICAR / LE TOURISME MODERNE Lire la suite »